(1 day, 9 hours ago)
Commons ChamberPerhaps I was not very clear. This is not about consulting with victims on what is required—we know what victims want, and I have spoken to many of them regarding court transcripts—but looking at what is possible right now. We are prioritising delivering sentencing remarks for free for all victims, and working with the judiciary to ensure that we get this right and accurate. That is the priority for the Government. As I have said, we are willing to go further on court transcripts; this is not the end. For example, we are looking at what would be the best next step for victims. Is acquittal the best thing to focus on right now? We need to get that right before we go further, and I will happily come back to this House with the Courts Minister on the next steps.
Lords amendment 1 would create a new entitlement for all victims of crime to receive transcripts of routes to verdict and of bail conditions and decisions relevant to their case, free of charge and within 14 days of a request—let us not forget that that is what is in the amendment. I will explain in more detail why that proposal would not provide significant benefits over the systems already in place. First, under the victims code, victims already have the right to be informed of bail outcomes and release conditions within five working days—a shorter timeframe than that proposed in the Lords amendment. We recognise the importance of this right and the benefits for victims in being able to access information in a timely or consistent way. We are exploring how responsibilities under the victims code are being met by the relevant service providers and how to better support them in the delivery of the code.
We are seeking views through the ongoing victims code consultation, which ends at the end of April, on whether the processes for providing bail information are working as intended. To strengthen them further, the Victims and Prisoners Act 2024 will, once commenced, introduce a compliance framework requiring all criminal justice bodies to keep their delivery of the code under review. Taken together, these operational and legislative measures address the core concern around timely and sufficient provision of bail information far more effectively than introducing a statutory duty to provide transcripts of bail hearings.
Secondly, providing victims with routes to verdict would be unlikely to add significant value, which is why we need to discuss with victims what would be of most value to them. A route to verdict is typically a very short document—sometimes it is not even a document at all. Its purpose is not to explain the outcome of a case, but to guide members of the jury through a series of legal questions that they must consider privately when applying the law to the facts. Crucially, juries do not provide their answers to those questions or even give reasons for their verdict. Victims would therefore see only the questions that the jury was asked, not how they were answered, and they would gain no additional insight into the decision.
Lords amendment 3 would require the Crown court to publish sentencing remarks transcripts online and in public within 14 days of a request being made and to inform relevant victims of their right to request anonymity before publication. While the Government are fully committed to strengthening transparency—I make that commitment—the Lords amendment would create significant operational and financial pressures for victims at a very difficult time. Public release demands a higher standard of anonymisation to remove both direct and indirect identifiers of victims and witnesses. That is detailed, skilled work. Current AI-based tools cannot reliably carry out anonymisation for the complex and sensitive material heard in the criminal courts, and trained staff are still required to manually review each and every transcript. That means that even modest increases in publication would create disproportionate pressures on operational capacity.
Furthermore, requiring the court to make victims aware of their right to request anonymity, make appropriate redactions and publish the transcript online—all within 14 days of a sentencing remarks transcript request being made—would not be operationally viable at this time. As I have said, our immediate priority must be delivering the sentencing remarks expansion for victims properly and at pace. Adding substantial new duties at this stage would divert the very resources needed to deliver these important commitments for victims, which victims have asked us directly to provide.
Lords amendment 2 proposes the creation of an appendix to the victims code, setting out how the code applies to close relatives of British national victims of murder, manslaughter and infanticide outside the UK, where the victim was resident in England and Wales. The Government cannot support this Lords amendment, as it risks placing obligations on agencies to provide services to bereaved families that are impossible to deliver in practice and that in some places would go beyond what is in the victims code. It also risks confusing the existing legislative framework and therefore the workability of the code, and it could raise the expectations of victims.
The victims code already applies to some families bereaved by homicide abroad, namely where the offence is murder or manslaughter and the perpetrator is a British national or British resident. That is because, in those circumstances, the case can be prosecuted in England and Wales. Where offences cannot be prosecuted in the UK—for example, where the crime is committed overseas by a foreign national—most entitlements under the victims code do not apply. I pay tribute to the hon. Member for Maidenhead (Mr Reynolds), who is in his place, for all his work with the brilliant organisation Murdered Abroad and for representing the views of all the families here.
While I appreciate that the code does not capture the whole of the cohort covered by the Lords amendment, I give the hon. Member for Maidenhead and the House my absolute assurance that the Government recognise the particular challenges faced by all families bereaved by homicide abroad, including those navigating very complicated overseas criminal justice processes, often in different languages. We are committed to working with agencies to improve the support available to them in England and Wales.
Chris Vince (Harlow) (Lab/Co-op)
I join the Minister in thanking the hon. Member for Maidenhead (Mr Reynolds) for his work on this issue. I also take this opportunity to thank my hon. Friend the Member for Bolsover (Natalie Fleet) for her work on the part of this Bill that ensures there are no parental rights for child sex offenders or those who conceived a child by committing rape, which is absolutely abhorrent. I thank the Minister for taking those things forward and for her work in ensuring that victims are at the centre of this Bill.
My hon. Friend is right. This is called the Victims and Courts Bill because it is a Bill for victims, built by victims and, sadly, by their experiences of how the criminal justice system has not supported them and has failed them. It is important for us to build on the Bill and ensure that we get it right and that it is workable, effective and delivers for victims in their everyday lives, as well as for future victims who will sadly be created by crime committed here or overseas.
Let me return to the victims of homicide abroad. In January this year, the Government published guidance that brings together clear and accessible information for families about the services that can support them. We have clarified the roles and responsibilities in further documentation online, which sets out exactly how the Foreign, Commonwealth and Development Office, the National Police Chiefs’ Council, the Ministry of Justice and the chief coroner and the coroner service will work together when a British national is a victim of murder or manslaughter abroad. While every case is considered on its individual circumstances, this document seeks to ensure a consistent level of service for bereaved families.
Throughout the debates on this topic, we have listened carefully to the concerns raised and we are committed to addressing them. To improve the consistency of support offered by consular services, the FCDO has committed itself to reviewing and refreshing its training provision for all consular staff. We need to improve access to translated documents, and the Ministry of Justice will review how translation is provided in the course of delivering the new homicide service contract in 2027. To ensure there is an independent view of the approach taken by agencies that support this cohort, the FCDO’s senior official for global consular services will meet either the Victims’ Commissioner or a representative when particular issues arise that merit further discussion. I thank the Victims’ Commissioner, and her predecessor, for continuing to engage with the FCDO and other agencies to advocate for families.
While we remain committed to strengthening support for families bereaved by homicide abroad, Lords amendment 2 confuses the purpose of the code in terms of its intended application to crimes capable of prosecution in England and Wales. It also risks creating obligations on agencies that are impossible to deliver, given that many of these cases will be handled overseas and therefore be entirely outside their control. Instead, we are determined to address directly the concerns faced by bereaved families.
Lords amendments 4 and 7 would remove clause 12 from the Bill, which means that the Lord Chancellor would not have the power to set the rates of private prosecution costs recoverable from central funds. The Government therefore cannot support those amendments. Retaining the current arrangements for private prosecutions would preserve a system that is inconsistent and places an unnecessary burden on the courts. Currently, when private prosecutors apply for their costs to be paid from central funds, there is no prescribed rate. The court, or the Legal Aid Agency acting on its behalf, must work out in each individual case what level of reimbursement is “reasonably sufficient”. That lack of clarity leads to unnecessary disputes, appeals and delays in an already delayed court process. By introducing transparent, consistent rates, we will give prosecutors clarity and certainty about what they will be paid, thereby reducing the need for cost appeals. Valuable court time is taken up by the determination of costs because of the lack of prescribed rates, which imposes an unnecessary burden on the courts.
It is important to stress again that the majority of private prosecutions never result in a claim from central funds, and will be entirely unaffected by this measure. Most private prosecutors act responsibly, apply the code tests properly and pursue cases in the public interest. However, we cannot ignore the evidence that, in a small number of cases, the near certainty of recovering large costs from central funds may cause the pursuit of private prosecutions that are disproportionate or an unsuitable remedy to the presenting legal issues. We have seen examples in which the costs claimed bear little resemblance to the scale or seriousness of the case, such as a £90,000 claim in a fraud prosecution when the loss was only £5,000. That is not what the system was intended for.
Let me make it clear that clause 12 does not set any rates, and does not alter the long-established right to bring a private prosecution. That right remains protected under the Prosecution of Offences Act 1985, and will not be affected. Before any rates are set, there will be extensive engagement with stakeholders and a full public consultation. The Government remain open-minded about where the rates should ultimately be set, but the rates will reflect the complexity and seriousness of cases and will be shaped by the evidence that we gather.
A number of respected charities bring private prosecutions to protect the public and pursue wrongdoing, but it is important to note that charities represent only about 10% to 15% of private prosecutions that result in claims on central funds, and that they will continue to be able to bring private prosecutions. Nothing in the clause alters the fundamental right to bring a private prosecution: that right is long-standing and preserved in statute, and the Government have no intention of changing it.
Clause 12 is a measured and necessary first step towards reform. It will bring clarity to an unclear system, improve efficiency, reduce unnecessary burdens on the courts, and help to ensure that taxpayers’ money is used responsibly. It will do all that while safeguarding access to justice and maintaining, fully and unequivocally, the fundamental right to bring a private prosecution.
(2 months ago)
Commons Chamber
Jake Richards
I begin by putting on record the Government’s welcoming of the new shadow Justice Secretary, the hon. Member for West Suffolk (Nick Timothy), to his job. We look forward to working with him; he is somebody of some intellectual heft, and in any event, he is in the lucky position of having extraordinarily small shoes to fill. Of course there will be policy disagreements, as there should be, but my hope is that the new shadow Justice Secretary treads more carefully on issues relating to the independence of our judiciary and respecting our legal profession—perhaps there will be fewer vitriolic social media videos and more thoughtful analysis.
As for the former shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick)—or, as he likes to call himself, the “new sheriff in town”—we welcome that the inevitable has now happened, confirming the fact that Reform is little more than a backwater for failed Tory politicians with an ego. I spent five minutes—five minutes that I will never get back—reading the memo that the former shadow Justice Secretary left lying about. It says,
“Use humour—one of your best skills—don’t be afraid to be self-effacing or have a laugh.”
It certainly got us laughing. His memo also contains the memorable line,
“Don't ‘think’. You ‘know’ things to be true! Get out of the habit of saying ‘think’”.
I happen to think that he should get into the habit of thinking a little more.
The right hon. Member for Newark says that he has joined Reform to be “part of a team”. We are still unclear whether he will remain speaking on justice issues, and he is not in his new place today. Over the weekend, it was said that there would be a mini-reshuffle at Reform—a rather depressing game of musical chairs. Whether its justice spokesperson remains the hon. Member for Runcorn and Helsby (Sarah Pochin), or whether the right hon. Member for Newark takes over, the hon. Member for Ashfield (Lee Anderson) has a go, or the hon. Members for East Wiltshire (Danny Kruger) or for Romford (Andrew Rosindell) join in, the story is the same: failed former Tories who cannot be trusted with our justice system, let alone our country.
The Sentencing Bill will make sure that we are never again in the position that this Government inherited, with prisons at risk of running out of places entirely, leaving us with nowhere to put dangerous offenders; police without the capacity to make arrests; courts unable to hold trials; and a breakdown of law and order unlike anything we have seen in modern times. That is why this Bill is vital. It does not kick the can down the road, and it does not shy away from making tough decisions to keep the public safe. Instead, it will end the cycle of crisis once and for all.
Chris Vince (Harlow) (Lab/Co-op)
The Minister is making a powerful speech. He will recognise that the Bill is of huge concern to residents in my constituency, because many victims of crime who are waiting for justice to be served are waiting years for the person responsible to face trial. Does the Minister agree that it is really important that this Government get on top of the backlog and get people in front of courts as quickly as possible?
Jake Richards
Absolutely. My hon. Friend is a fine champion of this agenda and for his constituents in Harlow, and as he knows, the Bill does more than just fix the crisis we inherited; it will confront reoffending and keep our communities safe.
As my right hon. Friend the Deputy Prime Minister set out during the very first debate on the Bill in this House, it takes us back to the fundamental purpose of sentencing, which is punishment that works. Punishment must work for victims, who deserve to see perpetrators face retribution; it must work for society, which wants criminals to return less dangerous, not more; and it must work to prevent crime. We want better citizens, not better criminals—that is what will deliver safer streets and protection from crime. The Bill will restore victims’ confidence in the criminal justice system. I reiterate that nothing is worse for victims than prisons running out of places and crimes going without punishment, which is the situation we inherited when we came into government in the summer of 2024.
Amanda Martin
They will be serving longer than under the Conservatives, who did not care about tradespeople or construction crime. Repeat tool theft offenders will now face tougher sentencing because of a Labour Government, including tagging on release, strict movement restrictions, robust unpaid work and no-go areas that stop them returning to the places where they targeted working people. This is about disrupting criminal behaviour, protecting livelihoods and showing that Labour is the only party that stands squarely with those who work hard and play by the rules.
Chris Vince
I thank my hon. Friend for giving way and for her personal work to tackle the huge issue of tool theft, which has had a huge impact on tradespeople in my constituency of Harlow. Does she agree with me that, as she said, it is not just about the person themselves but their family and their livelihood? Being a victim of such crimes also has a huge impact on mental health, so I thank her for her work.
Amanda Martin
I thank my hon. Friend for his kind words and for the work that he has done in Harlow. I repeat that to my knowledge there was not a Government before us who even cared about tradespeople.
In addition, we are investing up to £700 million more in community punishment and increasing probation funding by 45%. That means better supervision, faster enforcement, and a system that is credible both to offenders and the public, and looks to reduce repeated crimes for victims.
I welcome a number of Government amendments that further strengthen the Bill. As the daughter of a retired police officer—I note my hon. Friend the Member for Portsmouth South (Stephen Morgan) is also in his place; his dad was a retired probation officer—I have family and friends still serving in the force and as prison officers. I welcome Lords amendments 1 and 14, which broaden whole-life orders. Murder is the most heinous crime a person can commit, and the amendments ensure that those who murder police officers, prison officers or probation officers, including where the crime is motivated by their current or former duties, face the full force of the law. These crimes strike at the very heart of the rule of law and it is right that sentencing reflects that.
I also welcome Lords amendments 2, 3, 4 and 5, which strengthen transparency and accountability around the Sentencing Council. The amendments set a very high bar for rejecting sentencing guidance, ensuring Parliament is informed where decisions are taken, and helping to maintain public confidence in the justice system. Crucially, they sit alongside the reforms that reflect legislation I fought for in my Theft of Tools of Trade (Sentencing) Bill, to ensure that sentencing properly takes account of the full circumstances and the impact on victims. That principle is vital: justice must never lose sight of the harm done to victims and communities when crimes are committed.
Lords amendment 6 is another important step forward. By placing a statutory duty on the Secretary of State to publish an annual report on prison capacity, the Government are ending the culture of secrecy we inherited and ensuring proper accountability to Parliament and the public.
I strongly welcome the Government’s amendments in lieu to Lords amendment 7, which will ensure victims can access transcripts of sentencing remarks free of charge. This is a meaningful improvement for victims, an important move towards a more transparent and humane justice system, and another step in the right direction of putting victims at the heart of our justice system.
The Bill ends the chaos we inherited. It restores confidence in justice and it delivers punishment that works for communities such as Portsmouth now and into the future. I am proud to have worked hard on developing the Bill and I am proud to support it.
(2 months, 2 weeks ago)
Commons ChamberI beg to move,
That this House believes that it is wrong to abolish jury trials for crimes with anticipated sentences of three years or less because jury trials are a fundamental part of the UK constitution and democracy; acknowledges the scale of the courts backlog and the necessity of reducing it to ensure justice for victims but believes that restricting the fundamental right to trial by jury will have a limited effect on reducing that backlog; calls on the Government to increase the number of court sitting days to help urgently reduce the backlog; and further calls on the Government to publish immediately all modelling it has undertaken and received on the potential impact of the abolition of jury trials on that backlog.
The Government propose to abolish the right to trial by jury for a vast range of offences and for any case where they expect a sentence of three years or less. This is nothing less than wielding a constitutional axe against a centuries-old cornerstone of our liberty. Juries are not some bureaucratic add-on to our justice system; they are the means by which the public consent to and participate in the exercise of the gravest power of the state: the power to convict and imprison our fellow citizens.
Yes, we face a serious Crown court backlog—that is not in any dispute today. That is not even a subject of debate today, because everyone on both sides of the House knows it and acknowledges it. We all accept that its roots did not begin under this Labour Government; it goes back to the pandemic and further than that. We all accept that there has been a lack of investment in our criminal justice system under Governments of all political persuasions, that the criminal Bar is in a weak place, and that young people do not feel they can go into the law or at least not into this most challenging and poorly paid part of it. We all accept that some of our courtrooms are in a terrible state, that the IT system is failing, that the contracts for getting prisoners to court on time are poorly managed and that the private contractors are underperforming. We all accept that the system is in a mess and needs to be reformed, but that is not the question at hand today. The question before us is, what is the best way to resolve this, and is the route to fix our criminal justice system and to deliver swift justice for victims to scrap something that we have known as a country since 1215, if not before?
Chris Vince (Harlow) (Lab/Co-op)
I thank the shadow Secretary of State for giving way; he is always generous with his time. He talks about the length of time it takes for victims to get justice. I speak to police officers in my constituency all the time who say that one of the issues with the backlog, this waiting list, is that people who have been police officers for three years are asked to go to court for cases about things that happened before they were even police officers. Does he recognise that this is a huge challenge that we need to overcome?
(2 months, 3 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I congratulate the hon. Member on his happy news over the Christmas break. It is lovely for us to have some positive news to celebrate in this place.
In April 2025, the Government introduced changes to the eligibility for open conditions from three years to five. We also strengthened mandatory checks in offender assessment system reviews and victim liaison officer notifications, and introduced mandatory seven-day transfer reviews and mandatory security inputting. We upped the assessments necessary for a prisoner to be moved into open prison. We are reducing the number of absconsions—there has been a 2% decrease on last year, as I said—and we hope to go further. Open conditions work; they are about rehabilitation. Tagging also works, which is why we are investing £700 million in probation to increase tagging and probation.
As for the 57 prisoners, I do not have those figures to hand, but I will happily write to the hon. Gentleman with them.
Chris Vince (Harlow) (Lab/Co-op)
As a former maths teacher, I would be very interested to see the trends with regard to absconsions and the moving average over a period of time. However, ultimately one absconsion by a dangerous criminal is one too many. More specifically, what is the Minister doing to support and train prison staff to ensure they understand the system and the increased checks that she mentioned?
I welcome that positive question. My hon. Friend is right that this this is going to take all of us working together across the prison system—everyone in His Majesty’s Prison and Probation Service. I again pay tribute to our brilliant staff who are working on the frontline in very difficult, challenging conditions every single day in an underfunded, chronically in chaos prison system that we are having to rebuild literally brick by brick. Our staff are our biggest asset in this, and we are working with them and the trade unions to make sure they have all the equipment, tools and training necessary to ensure that the number of absconsions comes down.
(3 months, 2 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Sarah Sackman
The hon. Member can get hold of Hansard and read my previous answer, which is that there will be an impact assessment at the requisite moment.
Chris Vince (Harlow) (Lab/Co-op)
I find it heartbreaking to hear that there are victims of domestic violence, rape and sexual violence who feel that they are tackling a system that is absolutely broken. From a piece of casework I have dealt with, I can tell the House about a young lady, the victim of domestic violence, who had to wait so long for justice to be served that she actually returned to the perpetrator. To me, that is not only terrifying, but obviously it had a huge impact on her family. Can I ask the Minister, working with the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), to promise me that she will do everything she possibly can to ensure that victims of domestic violence, sexual abuse and rape get the justice they deserve as soon as they can?
Sarah Sackman
I can give my hon. Friend the assurance that the Under-Secretary of State and I are working incredibly hard. This is central to our Government’s mission to halve violence against women and girls, and we have to look at how not just the delays in our criminal justice system but the processes in our courts are often retraumatising women and girls. We are resolute in our efforts to tackle exactly what he has described.
(3 months, 3 weeks ago)
Commons Chamber
Chris Vince (Harlow) (Lab/Co-op)
I thank the Lord Chancellor for his statement. Residents in my constituency of Harlow are rightly concerned about the court backlog. Waiting six years for justice is not justice. Can the Lord Chancellor confirm that these changes will bring down the court backlog, and can he reassure us that for the major crimes he spoke about, there will still be trial by jury?
I can confirm that the jury remains the cornerstone of our system, and must do for obvious reasons. I want to see the backlog coming down, but this is a mountain to climb, and that is why I have said that I want reductions by the next general election. The trend at the moment is upwards, and we have to throw everything at the problem if we are to solve it.
(4 months, 2 weeks ago)
Commons Chamber
Jake Richards
I am grateful for the hon. Member’s question. It is absolutely vital that, across jurisdictions and different areas, there is better information sharing from probation services and the police. As the Justice Secretary has just said, the Probation Service is in need of investment. That is why we are investing £750 million— a 45% increase—and we will continue to invest in our Probation Service to ensure that the hon. Gentleman’s constituents are reassured in the future.
Chris Vince (Harlow) (Lab/Co-op)
I pay tribute to the hard-working police officers and Probation Service workers in my constituency of Harlow, which, as Members will be aware, is on the Essex-Hertfordshire border, so I recognise some of the issues that the Member for Bromsgrove (Bradley Thomas) just mentioned. What work is the Minister doing with probation services in areas, such as Harlow, that suffer from this problem to address this issue readily and ensure that everybody is treated fairly, no matter their geographical location?
Jake Richards
My hon. Friend is absolutely right that those in our Probation Service do an outstanding job day in, day out. They are often the hidden heroes of our public services and they deserve great credit.
(4 months, 2 weeks ago)
Commons ChamberMy hon. Friend is right. That is one of the reasons that I asked Dame Lynne Owens, as she looks at this issue, to meet the victims—particularly the victims of Kebatu’s crime—and to keep them in mind. Notwithstanding the errors made, we have to ensure public confidence in the system. It is important to assert, once again from this Dispatch Box, that 57,000 people are released from prisons every year and there is no error at all in the vast majority of those releases.
Chris Vince (Harlow) (Lab/Co-op)
I thank the Secretary of State for his statement and for the manner in which he has delivered it. The wrongful release of prisoners is of huge concern to my constituents. I echo the comments made by colleagues across the House that, ultimately, the people who really suffer are the victims of such terrible crimes.
Having previously worked for a homeless charity in Harlow, I saw a number of prisoners who were released on a Friday, and who would come to us on a Friday afternoon at about 5 o’clock with nowhere to go. Does the Secretary of State agree that when we release people from prison, we should make sure that they have somewhere to go? If they have to declare where they will go after their release, we might be able to avoid some of the mistakes.
My hon. Friend is right that the Friday release issue is often about public services not being available over the course of Friday evening into Saturday and the homelessness problem that that pertains to. That is why I think it is important that we relook at what is happening in the system—the system that we inherited.
(4 months, 3 weeks ago)
Commons ChamberIt is truly an honour to open this debate and to bring the Victims and Courts Bill before the House. This Bill is about people—victims who have suffered unimaginable trauma and their families—and ensuring that they receive justice. It is about restoring faith in a justice system that can often feel cold and confusing, and it delivers on this Government’s driving mission for safer streets, making sure that victims are supported, that offenders are held to account, and that justice is delivered swiftly and fairly.
The deep-rooted issues in our criminal justice system need no repeating here. The House knows that the system requires large-scale reform after years of neglect. There is a long road ahead, but this Bill takes an important step forward. At its core are victims’ experiences. This Government are bringing forward real, tangible measures to ensure that victims’ voices are heard, their needs are recognised, and their rights are respected. The Bill will strengthen our courts, improving efficiency and fairness across the system. These are much-needed changes, and I am deeply grateful to hon. and right hon. Members from all parts of the House for their time and their insight in considering the measures, and to all the organisations, advocates and survivors who have shared their experiences and helped us shape this legislation.
I am sure that the House will therefore join me in paying tribute to the families of Jan Mustafa, Olivia Pratt-Korbel, Zara Aleena and Sabina Nessa, and I welcome to this place Ayse Hussein, Cheryl Korbel and Antonia Elverson, who are in the Public Gallery today. I also thank Jebina Islam, Farah Naz, the Justice for Victims group—which includes Susan and Jeremy Everard, Glenn and Becky Youens, Katie Brett, Paula Hudgell and Ayse Hussein—and the Bethan family for their courage and strength in campaigning amid immense grief for their loved ones.
Three Government amendments on Report will further strengthen the Bill, delivering clearer, stronger protection for victims, and I will turn to them briefly now. I again thank all those who have worked so constructively with me and officials in the Ministry of Justice to discuss their issues and concerns.
New clause 14 and amendments 12 to 21 restrict the exercise of parental responsibility for perpetrators of rape, where their crime has resulted in the birth of a child. These amendments will protect children, but will also help shield the victim from their perpetrator interfering in their lives, because those who commit this horrific crime should clearly never be able to use parental rights to control or torment their victim. I take a moment to pay tribute to a woman who I am proud to call my colleague and even prouder to call my friend. Many in this House will already have deep admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), and I place on record that this change is hers. It is for her, her children and those just like them up and down the country—the people to whom she has dedicated her life to fighting tirelessly for.
Chris Vince (Harlow) (Lab/Co-op)
I add my personal admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), who has been a fantastic champion for this new clause. Her predecessor in the House was called the beast of Bolsover, but I think she is the brave of Bolsover, because every time she speaks in this House she is incredibly brave, and I pay tribute to her.
I echo those sentiments entirely It has genuinely been my privilege to hear her story, and to work with her to ensure that this measure stops rapists taking an active role in a child’s life when that child was conceived as a result of rape. I cannot imagine the enormous complexity that mothers such as her face in this situation, and I am in awe of her bravery and that of so many others. This measure will ensure that rapists cannot take active steps in a child’s life when that child has been conceived as a result of the crime for which they have been convicted.
In order to protect as many children as possible, our measure features a two-track process. When the Crown court is satisfied that a child was conceived as a result of rape, it must make a prohibited steps order restricting the offender’s parental responsibility, unless it is not in the interests of justice to do so. We recognise that rape can occur within an abusive relationship, and that this may make it difficult to prove at a criminal trial that it led to the child’s conception. When that is the case, but the court considers that the rape may have led to the conception of the child, it will refer the matter to the family court via the local authority. This two-track process sends a clear message that we will protect all children born of rape, no matter what the circumstances.
The Government recognise the clear risk that serious child sex offenders pose to their children, which is why we tabled amendment 10, which will expand clause 3 of the Bill. It means that when someone is sentenced to four or more years for serious child sexual abuse, against any child, the courts will automatically restrict their parental responsibility. The process will remain the same: at the point when an offender is sentenced, the Crown court will be required to make a prohibited steps order restricting the offender’s exercise of parental responsibility for all children for whom they hold it. For offenders to be in scope of the amendment, they will have demonstrated that they are unable to protect children and to consider their welfare. That is why it includes all serious child sexual abuse offences against all children. Unlike the last Government’s plans in the Criminal Justice Bill, this proposal is not limited to offences of child rape. What is more, unlike the last Government, this Government will actually deliver on it. We are taking this important step today to protect even more children by preventing these individuals from taking active steps in their children’s lives.
We have recognised the strength of feeling on this issue, and I am grateful to Members—especially my hon. Friend the Member for Bolsover, whom I have already mentioned, but also my hon. Friend the Member for Lowestoft (Jess Asato), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and Baroness Harman. They have been unwavering in their advocacy for the protection of children. Safeguarding children is of the utmost importance to this Government, and amendment 10 ensures that we are doing just that.
(4 months, 3 weeks ago)
Commons ChamberI am grateful to the right hon. Lady for putting on the record the challenge we have with junior staff. I am very grateful for the work in our prison system of those staff, who are much beloved, who have come from west Africa, largely Nigeria, to support the system for a period of time. I recognise the challenges that the right hon. Lady articulates and, of course, as she would expect, all such matters are under discussion.
Chris Vince (Harlow) (Lab/Co-op)
I thank my right hon. Friend for his statement, and I thank the hon. Member for Epping Forest (Dr Hudson) for starting his question with a recognition that the situation really affects the victims of this terrible crime. We all need to recognise the devastating effect on the families and those who are victims of crime when the person who committed those crimes is released in this way. What reassurance can my right hon. Friend give to residents in my constituency that this Government will finally get on the front foot when it comes to this issue and tackle it?
I begin by congratulating my hon. Friend; he has just returned from paternity leave. I know his constituency of Harlow very well—I think it has one of the highest proportions of Spurs supporters in the country—and I know that folk will have taken this very seriously. I want to reassure them that we have asked one of our best senior police officers to lead the review, and we have put in place immediate checks in the system that are the toughest that have ever been in place for release. Of course the officer involved has had to be suspended pending that full investigation, and the Prison Service itself has immediately begun its own investigation and will report to me later this week.